MMMR iDISOf ?UNtY LrBRAfJV ' fN?RAL DtL fVERY IARSHALL NC ? ill o'i ? JLatl Our Communities Since 1901 Thursday, 8?ptember24, 1987 j ? 25< ?? Judge Declares Mistrial In W allin Case By BILL STUDENC Editor Madison Tax Collector Harold Wallin, charged with failing to collect interest and penalties from 92 delin quent taxpayers, will have to wait to have his day in court. After listening to a half day of evidence Monday in the trial of Wallin, District Court Judge C. Philip Ginn declared a mistrial, saying a special session of Madison County District Court would be necessary for the trial. Ginn cited a crowed court docket as his main reason for declaring the mistrial. "I told the fellows (defense and district attorneys) early on that if the case was going to take a long time, 1 didn't want to try it. We had other criminal cases scheduled that I con sidered of greater importance than the crimes Involved in this case," Ginn told Hie News Record after his ruling. "They had assured me that it would only take two or three hours to try it, but wehn we get into it, I realized it would take much longer than that," he said. Ginn estimated that it would take about three days for the trial of Wallin. ' " ?? 'We had other criminal eases scheduled that I considered of greater Importance than the crimes Involved la this case. ' District Court Judge C. Philip Ginn "We will need to set a special ses sion for the trial," he said. "I don't want us to get back in this same situa tion again." Wallin has been charged on the misdemeanor offense of willfully fail ing to discharge his duties. Two charges against Wallin stem from his alleged failure to collect 9240.60 in penalties on late tax during July 1965 and and $357.47 in February 1986. The District Attorney's Office, in two misdemeanor statements of charges issued last month, listed a total of 92 occasions in which Wallin allegedly failed to collect interest on delinquent tax - 22 in July 1965 and 70 in February 1966. Amounts of uncollected interest range from 5 cents to $49, according to the statements. During testimony prior to the declaration of a mistrial, tax clerk Janice L. Caldwell testified that tax payers had paid interest in nearly all of the transactions listed in the charges against Wallin. Caldwell testified that in some in stances, the taxpayer had made a partial payment of tax one month, and came into the office later to pay the difference. In those cases, in terest was included in the partial payments, she said. In other instances, the interest was paid, hut was recorded in county tax books as principal, Caldwell said. "Often the tax was listed and the in terest was listed in the same column," she said. Caldwell indicated that in all but two or three cases, tax and penalties had been paid in full. During questioning from Assistant District Attorney Gerald Wilson, Ginn recessed court for nearly 30 minutes while he, Wallin, Caldwell, Wilson, State Bureau of Investigation Agent Claude Greene and Wallin's at torney, Joseph Huff, went downstairs to the Tax Collector's Office to look over county tax records. After a lunch recess, Ginn declared the mistrial. Republicans Pick Church For School Board Seat By BILL STUDENC Editor The executive committee of the Madison County Republican party has chosen Jewel Church of Hot Spr ings as the newest member of the Madison County Board of Education. Church replaces Jimmy Dean Hensley, who announced his resigna tion Sept. 8 but then changed his mind and asked that he be reappointed to the school board. The Republican executive commit tee, during a meeting last Thursday, decided by a M vote not to allow Hewley to keep his seat on the board. Church assumed her new duties as a member of the Madison County Board of Education at a special meeting Monday night (See related story). Church, an ex-Democrat, was fired in 1S7S as principal of Hot Springs Elementary School on charges she in flated enrollment figures at the school. Hensley did not attend the ex ecutive committee meeting, saying he did not want his pretence to put any pressure on committee membes But when contacted Friday, he said he was disappointed by the commit tee's decision. "I feel hurt and betrayed by some of the members of the executive com mittee. They rung my phooe off the wall until I resigned, and not one of them had the decency or the guts to ask me how I felt or what I wanted," he told The News Record. "The only thing I promised to do when elected was be fair and honest, and that's exactly what I tried to do when I was on the board, but evi den tally that's not good enough for some people," Hensley said. Although disappointed by the com mittee's decision, Hensley said he wasn't surprised. "I didn't play politics at all. I didn't pull for the Republican party as much as some wanted me to. I made my decisions based on what was good for the school system, not on what was best for the Republican party, and I -Continued on Page 3 Jewell Chu-ch Hensley To Board: No Hard Feelings By MARGARET A. STUDENC Staff Reporter Monday was a day of beginnings and endings for the Madison County Board of Education with the official acceptance of Jimmy Dean Hensley's resignation and the induction of new board member Jewel Church. Hensley, who had resigned from the board on Sept. 8 and then failed in his attempt to regain his spot on the board after a change of heart, spoke to the board and persons present at the meeting. "This (speaking to the board about the resignation) is the hardest thing I've ever had to do, but I owe it to the board members, the people who elected me and to myself,'' Hensley said. "I'm not mad at anyone," he said. Hensley said he had made one pro mise when campaigning for the board position, which was to be fair and honest with no politics involved. "I have lived up to that promise," he said. Hensley ended by saying that he still loves the kids of Madison County and will still do all that he can for them. Hensley' s replacement on the board, Church, was nominated by the Madison County Republican Party's executive committee last week (See -Continaed oa Page 3 " Mars Hill Face Murder From Starf Report* Two Mars Hill brothers are being held in Madison County Jail pending extradition to Greene County, Tenn., on murder charges stemming from a Friday night barroom brawl. Jeffrey Eugene Massey, 17, of Turkey Branch Road, Mars Hill, has been charged with second-degree murder in connection with the death of Herbert Norton, 34. Massey's brother. James Bruce Massey Jr., 22, also of Turkey Branch Road, Mars Hill, has been charged with aiding and abetting second degree murder, according to arrest warrants filed in Madison County Courthouse. The brothers were arrested by the Madison County Sheriff's Depart ment Saturday on the charges after being contacted by the Greene Coun ty Sheriff's Department. According to authorities, a fight broke out at about 8 p.m. Friday at the Starllte Club on the Asheville Highway in Greensville. Norton died after having his throat slashed in the fight, according to authorities. The Massey brothers, handcuffed together, appeared in Madison Coun ty District Court on Monday, where they received court-appointed at torneys to represent them during the extraction process. District Court Judge C. Philip Ginn appointed Forrest Ball to represent Jeffrey Eugene Massey, and Joseph Huff to represent James Bruce Massey Jr. Madison County Sheriff Dedrick Brown said he attempted to convince the brothers not to fight extradition, but was unsuccessful. An extradition hearing will be held, but has not yet been scheduled, Huff said. The Massey* remain in Madison County Jail on $50,000 bond each. ? Two Madison County nten were sentenced last week to three years in prison for attempting to snatch the purse of an elderly woman at the Asheville mall. John Eric Ramsey of Mars Hill and Johnny McCarter of Hot Springs pleaded guilty in Buncombe County Superior Court last week to attemp ted common law robbery The two men were charged with knocking down Maglee Ray, 64, and her sister, Mildred Ledford, 79, at the Asheville Mall and attempting to swipe Ray's purs*. Five students from Reynolds High School saw the incident as they drove by In a van. The boys jumped out of the van and subdued Ramsey and Mc Carter. The students held the men until the authorities arrived '^'.T "T Constitutional Costume BILL STUDENC PHOTO District Court Judge Robert H. Lacey dean ed 1780#-era garb while presiding over conrt is Marshall last Thnrsdiqr. Lacey , and Judges across North Carolina, recessed court at 11 a.m. for a brief ceremony in coauaemeratien of 200th anniversary of the U.8 Constitution. Churchbelb all over the nation rug for 200 seconds Thursday after* noon as part of the festivities ? one second for each year siace delegate* signed the constitution la Philadelphia on Sept- 17, 1787. \ : :* , , r . v. V" 'I . Weaverville Won't Require Manager To Move Into Town Hjt ST., ;i .1 ?..> J'.''-' -r ? ,*? i'i I ' ?>"?c Weaverville Town Manager ? | Home won't have to mU his Flat Creek and move Into the town llmiU - at ieaat not immediately J The Waaverville Towr Council Monday to rescind an or 1 In July requiring the within the corporate limits, and the fif' chtpf within the North 1 npkjyees are recruited. that a requirement (join in be said. - jgested that the coundl should either givt a compelling reason for requiring certain mnlovees to 1 But Co Iman ht igktaOy mi pc prefer o lei move inside the (own limits within 90 days - by the middle of next month. Rathtmrn has since been fired a* police chief, and Home would be the only employee sffecUd by the or SBI Won't Extradite Ex- Police Chief I*5 |T~rr ; By MARGARET A. STUDENC surr Reporter Although R has ben mare than l#Br months since (ormer H< >! Spi ings Police Chief John Barrett was formally charged with driving while impaired, it appears that charge will not come to trial. Barrett is living in Florida, ac assistant director of Uw fttfierlfer office of tin SBI, warrants on ml>